Bi-Monthly Legal News[National Updates]

 National Updates

National Judgments/ Orders

High Courts and Tribunals

• Divorce granted by Islamic Clerics holds no legal validity, holds Madras HC

  The Madras High Court ruled that the certificates issues by Kazis (Islamic Clerics) are not valid for purposes of the courts and legal proceedings. These certificates are only an opinion and have no legal sanctity as per Section 4 of the Kazis Act, 1880 which does not confer the Office of Kazi any judicial or administrative power. The write petition was supported by the Women Lawyers Association who has prayed before the court to restrain the Kazis from issuing Talaq (divorce) certificates as they are causing immense confusion in matrimonial proceedings. Source: http://bit.ly/2jrtu9p

• Gujarat HC grants girl’s custody to female friend given their desire to stay together

  In a case where two girls approached the Gujarat High Court through a Habeas Corpus petition expressing their desire to live with each other, the judges granted one of the girls’ custody rights over her friend. The Muslim girl from Ahmedabad alleged being sexual harassed and intimidated by her family, after which she had moved into the shelter home where she met the other petitioner who was Hindu. The shelter home staff had objected to the latter girl bringing her gifts, so the two filed a habeas corpus petition with the Gujarat High Court to get the Ahmedabad girl released. Laudably, the judges placed priority on the fact that the girls were adults of sound mind and thus free to decide on their own.

  Citation: Charmiben Gajanandbhai Vyas vs State of Gujrat, Special Criminal Application (Habeas Corpus) no. 9851 of 2016

• Kerala HC rules prohibition of women from working in liquor shops unconstitutional

  Responding to a petition challenging the constitutional validity of provisions of the Kerala Abkari Shops Disposal Rules, 2002 which prohibit women from being employed in liquor shops, the Court ruled that such rules were violative of Article 14 and 15 of the Constitution. The petitioners had claimed that they had participated in the selection process and had been ranked as well, after which they were dis-entitled merely on the ground of gender.

  Citation: Sanuja. B v. Kerala State Beverages Corporation Ltd., 2016 SCC OnLine Ker 28105

• Retraction of the woman’s complaint insufficient ground for quashing rape allegations, holds Delhi HC

  In a case where a woman prosecutrix had consistently alleged sexual assault by an employer in her statement to the police and the magistrate, the Delhi High Court chose to ascertain whether her statement was subsequently withdrawn under threat or pressure. The Court said that it would be unsafe to quash FIR proceedings on the basis of a retraction and that it would have to be ascertained during trial as to how and in what circumstances the statement was retracted.

  Citation: Dilip Kumar Gupta v. State (NCT of Delhi), 2017 SCC OnLine Del 6576

• ‘Desertion’ cannot itself be a valid ground of divorce, ‘constructive desertion’ a better indicator, holds Delhi HC

  In a case where the legality of a divorce decree was being scrutinized, the judges noted that desertion by itself was not enough reason to grant divorce because many times one spouse is forced to leave by the conduct of the other. The Delhi High Court set aside the decree of a lower court which had granted divorce on a misreading of the evidence submitted by the husband claiming that the wife had left the matrimonial home without his consent and had refused to return upon multiple requests.

  The Court further acknowledged that the wife never wished to bring the matrimonial ties to an end but was in fact forced by the conduct of the husband to leave the matrimonial home. Therefore, it was the husband who was responsible for constructive desertion. The court went on to observe that desertion was not a withdrawal from a place but rather from a state of things and was a repudiation of all obligations of marriage and so could not be tested by merely ascertaining which party left the matrimonial home first.

  Citation: Nisha Rani v. Sohan Singh Nehra, 2017 SCC OnLine Del 6404

• Punjab and Haryana HC decrees that a husband cannot deny maintenance to wife on the basis that she earns more

  In a case where a husband petitioned the High Court to reduce the maintenance he was required to pay his wife by a lower court, the grounds were that the wife was already earning more than him. The High Court however found that the wife was entitled to enjoy the same amenities of life as she would have been had she been staying in the matrimonial home, and took into consideration the inflating prices of daily needs and also the costs of educating children. Mention was also made of the challenges of societal pressure that she would be facing.

  Citation: Amit Kumar v. Navjot Dubey, 2016 SCC OnLine P&H 12523

• Allahabad High Court holds Anti-Romeo Squads valid

  Two separate public interest litigations sought intervention of the Allahabad High Court in restraining the Anti Romeo Squads of the UP government from ‘moral policing,’ in face of reports and videos showing an over-reach of powers in the way they targeted and humiliated young couples in public places.

  The first PIL was dismissed on the grounds that government orders clearly prohibit moral policing, and that the name of the squads was not per se justiciable. Refusing to pass a direction on the issue of squad personnel uploading images and videos of young couples on social media, the court held that that surveillance can involve capturing of images and videos. Subsequently, another PIL was filed seeking directions to the state government to frame rules, laws and guidelines in respect of Anti-Romeo Squads, and to establish a monitoring authority for the squads. Reiterating its earlier decision, the court dismissed this petition.

  Gaurav Gupta v State of UP, P.I.L. (Civil) No.6779 of 2017

  Rituraj Mishra v Govt of UP, P.I.L. (Civil) No. 6907 of 2017

• Eating food of choice, be it meat, is an aspect of the Right to Food

  The Allahabad High Court has held that the right to choice of food falls within the fundamental right to food. This observation was made by the Court while granting relief to the petitioner, whose application for renewal of license for selling goat meat was not reviewed by the municipality.

  Criticising the lack of response to the Petitioner’s application, the Court noted that the State’s approach to cattle slaughter had the effect of prohibition on the trade of the Petitioner, and was in violation of his fundamental rights under Article 19 (livelihood) and 21 (life) of the Constitution of India. This decision is significant, given the crackdown of the State government on slaughterhouses in UP, and the ban on beef imposed by several state governments.

  Saeed Ahmed v State of U.P., Misc. Bench No.  6871 of 2017

• Compassionate appointment cannot be denied on the ground of marriage of the daughter of the deceased

  A cooperative bank refused to grant compassionate appointment to a woman on the ground that she was married at the time of her father’s death. This order of the Bank was challenged by the Petitioner as being violative of several fundamental rights, including the right to equality.

  Holding in favour of the Petitioner, the High Court of Madras held that appointment could not be denied on the ground of marriage of the petitioner. The Court highlighted the role that women play in managing both their natal and marital homes. Given that the petitioner and her husband had been caring for her mother, while her brothers were living separate lives, the Court ordered that the Petitioner be granted compassionate appointment.

  The Joint Registrar, Cooperative Bank Ltd v P Asothai and Ors, W.A.(MD) No.1042 of 2016 and 122 of 2017 and C.M.P.(MD).No.6078 of 2016

• Hindu law does not confer any property rights upon “illegitimate” children, holds Bombay High Court

  The Bombay high court has ruled that an “illegitimate” child must provide evidence of marriage between her biological parents to claim protection conferred by Sec. 16 of the Hindu Marriage Act. In this case, the petitioners, children from the second ‘marriage’ of the deceased, sought a share in his property. However, the first wife of the deceased contested their claim on the grounds that Sec. 16 of the Hindu Marriage Act, which confers legitimacy upon children born in void or voidable marriages, can be invoked only if evidence of solemnisation of marriage is produced.

  While the court accepted this argument, it considered the fact of prolonged cohabitation between the biological parents of the petitioners, and the fact that the petitioner’s birth certificates bore the name of the deceased as sufficient evidence of his ‘marriage’ with their mother. The decision of the court is significant, in that it broadens the scope of section 16 by relaxing its evidentiary requirements, thus bringing within its fold intimate relationships in the nature of marriage.

  Indubai Jaydeo Pawar v. Draupada @ Draupada JaydeoReview Petition No. 19 of 2016 in First Appeal No. 577 of 2015 [High Court of Bombay]

• Kerala HC separates inter-religious married couple, rejects choice of woman to marry

  The High Court of Kerala handed over the ‘custody’ of an adult woman of sound mind to her father, and nullified her marriage to a Muslim man. The father of the 24 year old woman had filed a writ petition to seek her custody, after she left her parent’s home and converted to Islam. The marriage was solemnised during the pendency of the case. Constantly referring to the woman as ‘detenue,’ and treating the woman’s choice of marrying a Muslim man as unfavourable, the court granted her custody to her father, nullified her marriage, ordered an enquiry into the background of her husband, and ordered the an investigation into the activities of an organisation that had allegedly forcibly converted the woman in question to Islam.

  This judgment has rightly been criticised for dismissing an adult woman’s agency through statements such as, “a girl aged 24 years is weak and vulnerable, capable of being exploited in many ways”, and in implicitly accepting the communal theory of ‘love jihad.’ This decision has been challenged by the husband of the woman in a special leave petition before the Supreme Court.

  Asokan K.M. v. The Superintendent Of Police [WP(Crl.).No. 297 of 2016]

• Benefits under the Maternity Benefits Act must be extended to contractual workers, holds MP HC

  The Madhya Pradesh High court has ruled that maternity leave should be granted to contractual employees at par with regular employees. In this case, the state was denying maternity leave relying on the contract of appointment which stated that maternity leave can be granted to contractual workers only upon the completion on one year of service. The judge noted that as per Section 27 of the Maternity Benefits Act, irrespective of the nature and tenure of employment, the employer is legally bound to provide all benefits and facilities which are required by a woman for childbirth.

  Smt. Archana Pandey v. State of Madhya Pradesh, Writ Petition No. 15523 of 2016, [High Court of Madhya Pradesh at Jabalpur]

• Additional Sessions Judge has jurisdiction to award compensation under POCSO, holds Chhattisgarh High Court

  The Chhattisgarh High Court has noted that an Additional Sessions Judge trying cases under the Protection of Children against Sexual Offences (POCSO) Act, 2012 would have the same power as a Special Judge to award compensation to a child victim of sexual offences. The Court placed reliance on Section 33(8) of the POCSO which confers power on the Special Judge to direct payment of compensation to the victim for rehabilitation or the mental trauma caused.

  State of Chattisgarh v. Dilip Verma and Anr., Cr.M.P.No.528 of 2017 [High Court of Chhattisgarh]

• Victims of sexual harassment must be provided case information within 48 hours, holds CIC

  The Central Information Commission has ruled that information on sexual harassment cases should be provided to the victims within 48 hours under the Right to Information (RTI) Act, as it pertains to their “life and liberty” under Section 7 (1) of the Act. The Appeal under consideration by the CIC was filed by a woman who had complained of an instance of sexual harassment at workplace and had filed an RTI application to know the status of the same, was denied information on the grounds that the case was still under investigation. The Commission opined that the complainant was deprived of her right to information, as guaranteed to her under two Acts i.e., Right to Information Act, as well as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

  Dr. Kirti N. Borkar v. PIO, ESIC, New Delhi CIC/BS/C/2014/000265 [Central Information Commission]

• Occurrence of harassment immediately before death not necessary to prove offence of murder for dowry, rules Delhi HC

  Delhi High court refused to set aside the conviction of a man in a case of dowry death merely on the ground that no harassment had occurred immediately before the incident. Justice Gupta noted that the essential ingredients for prosecution under Section 304B are: (i) the death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) such death must have occurred seven years of her marriage; (iii) soon before her death, the woman must have been subjected to cruelty or harassment by her husband or any relatives of her husband; (iv) such cruelty or harassment must be for, or in connection with, demand for dowry.

  The court notes that the accused had demanded gifts from the deceased’s brother two days before the incident as dowry. This demand was sufficient to satisfy the third ingredient of the offence, and harassment “soon before” was not anonymous with “immediately” before the death of the victim. The Court therefore upheld the sentence of seven years of rigorous imprisonment imposed upon the husband of the deceased.

  Ashok v. State of NCT of Delhi CRL.A. 433/2013 [High Court of Delhi]

• Sikkim High Court declares all orders under Sikkim Succession Act 2008 null and void

  As reported by PLD in its May-June newsletter, several Sikkimese women had filed a petition in High Court challenging the Sikkim Succession Act, 2008 for being discriminatory as it denies equal property rights to women married to non-Sikkimese men, or those who have acquired foreign citizenship. The Sikkim High Court has declared all orders arising from the application of the said Act as null and void on the ground that it has not yet been notified by the State government. The Court did not rule on the constitutionality of the statute, as it has not yet been brought into force.

  http://highcourtofsikkim.nic.in/drupal/hg_orders/202600000052017_4.pdf

• Kerala High Court denies plea of parents for custody of adult daughter, but restricts her freedom of movement and autonomy

  Following the Hadiya case, the Kerala High Court has, in another case of a young adult women eloping with her partner with the intention of marrying him, ruled in favor of the girl’s choice while continuing to exercise severe restrictions over her movement and autonomy.

  In this case, the parents of the adult woman registered a case of kidnapping and sexual assault against her partner, and filed a writ petition seeking her custody, on the ground that the accused had a criminal background and their daughter was incapable of choosing a partner. Despite the girl’s statement that she was in a relationship with her partner and intended to marry him, the High Court directed her to undergo a psychiatric evaluation. While the court ultimately held that she, as an adult, was entitled to marry a person of her choice, it nevertheless directed that her to remain in a shelter home until the solemnization of her marriage as the Court did not consider it possible to send her along with her partner as an unmarried woman. During her stay at the shelter home, the Court directed that her parents alone would be allowed to interact with her.

  Sentencing the young woman to house arrest sets a dangerous precedent for the legal rights of women in the country. The recent order of the Supreme Court to investigate the marriage of Hadiya in the case of Asokan K.M. vs The Superintendent Of Police also treats the woman solely as patriarchal property while denying basic fundamental rights to her.

  T.M. Shareef and Anr. v Abdulla K.B. and Ors. WP(Crl.).No. 213 of 2017 (S)

  http://www.livelaw.in/major-girl-may-opt-criminal-convict-person-different-religioncaste-marry-court-cant-resist-choice-kerala-hc/

• Punjab and Haryana High Court suspends sentence for rape on the grounds of promiscuity of the victim, grants bail to 3 convicts

  The Punjab and Haryana High Court has suspended the sentence of three persons convicted of aggravated rape, gang rape, criminal conspiracy, criminal intimidation, and obscenity, and has granted them bail, on the grounds that the facts of the case spoke to an alternative story of a casual relationship with friends, which had taken an unfortunate turn due to the promiscuity of the victim and the voyeuristic tendencies of all parties involved, including the victim. The bail order has been widely criticized for disparaging the character of the victim, blaming her for the sexual assaults, and flouting procedural norms by going into the merits of the case in an application for suspension of sentence. The appeal of the convicts against the Trial Court judgement is pending before the Court.

  Vikas Garg and Ors v. State of Haryana [Cr.M.No.23962 of 2017; Cr.M.No.26910-11 of 2017; Cr.M.No.26930 of 2017]

  Source: http://bit.ly/2h61hYR

• Vodafone fined for violation of Supreme Court’s Vishakha guidelines

  The Bombay High Court has imposed a fine of Rs. 50,000 on the company Vodafone for failing to constitute a complaints committee in accordance with the Supreme Court’s guidelines in the case of Vishakha v. State of Rajasthan in the year 1997. The quantum of the fine is analogous to the amount that the company would have been required to pay under the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 for not constituting an Internal Committee.

  Renuka Mukherjee v. Vodafone W.P. No. 1348 of 2001 (High Court of Bombay)

  Source: http://bit.ly/2xOfBIU

• Jharkhand and Bombay High Courts adopt opposing views on second and third trimester abortions

  The Jharkhand High Court has held that medical termination of pregnancy after the statutorily stipulated twenty week period is permissible in cases where carrying the pregnancy to term would harm the mental health of the pregnant woman. In doing so, the Court has adopted a wide interpretation of Sec. 5 of the Medical Termination of Pregnancy Act, which permits abortion after 20 weeks in cases where the pregnancy poses a threat to the life of the woman. In this case, a 15 year old had approached the court for termination of a pregnancy resulting from sexual assault. Considering the social repercussions and trauma that the girl may have faced as a result of the sexual assault and pregnancy, and in view of medical opinion that termination did not pose a risk to her life, the Court allowed the girl’s petition.

  The Bombay High Court, however, has adopted the opposite view in a similar case. In that case, a minor girl’s father approached the court for abortion of a 27 week old foetus on the grounds that the foetus was a conception of rape, and carrying the pregnancy to term would cause grave injury to the girl. However, the court refused to allow the petition given the medical boards opinion that no abnormality was detected in the then viable foetus, and the girl should be directed to continue the pregnancy with obstetric and psychological support.

  Minor through her mother v. State of Jharkhand W.P. ( Cr.) No. 399 of 2017 (High Court Jharkhand); Danbahadur Rajkaram Yadav v. State of Maharashtra and Anr. W.P. No. 3874/2017 (High Court of Bombay)

  Sources: http://bit.ly/2infNIy; http://bit.ly/2gh56tY

• Delhi High Court issues notice to JNU, UGC in GS CASH case

  The Delhi High Court has issued notice to Jawaharlal Nehru University and the University Grants Commission in a petition filed by some teachers of JNU against the disbanding of GS CASH. GS CASH, the University’s Committee for entertaining complaints of sexual harassment, was replaced with an Internal Complaints Committee vide an administrative decision. As students and teachers protested against the order, ‘Saksham Taskforce,’ appointed by the UGC to ensure gender sensitisation in Universities questioned this decision, given that GS CASH was fully compliant with the guidelines laid down by the Supreme Court in the case of Vishakha and Ors. v. State of Rajasthan. The Court has also directed that the office of the GS CASH should remain sealed during the pendency of the proceedings.

  Madhu Shani And Ors. vs.   Jawaharlal Nehru University and Anr. W.P.(C)8446/2017 (High Court of Delhi)

  Source: http://bit.ly/2hzeEBn

• Kerala High Court warns against branding all inter-religious marriages as ‘love jihad,’ sets girl at liberty to join husband

  A division bench of the Kerala High Court has warned against the branding of every inter-faith marriage as ‘love jihad.’ In this case the love marriage of a Hindu woman and a Muslim man, which was staunchly opposed by the girl’s parents, resulted in the lower courts handing over the custody of the woman to her parents, who then forced her to stay in a re-conversion centre. She described the violent practices prevalent in re-conversion centres. The court directed that she be set at liberty to join her husband, and directed the closure of all forced conversion and re-conversion centres.

  Anees Hameed v. State of Kerala W.P. (Crl.).No. 313 of 2017 (High Court of Kerala)

  Source: http://bit.ly/2ifthXw

• Pursing employment against a husband’s wishes does not amount to cruelty, holds Allahabad HC

  In an appeal from a family court decision which had granted divorce to husband on the grounds that the wife had subjected him to cruelty by taking up gainful employment against his wishes, the Allahabad High Court has observed that a wife working against the wishes of a husband or his family is not ‘cruelty,’ and does not entitle him to divorce. Emphasizing on due process of law, the court laid out various considerations that would constitute cruelty.

  Smt. Gurpreet Kaur v. Sh. Rajeev Singh

  Source: http://bit.ly/2DiYeph

• Gujarat HC to examine the use of Sec. 377 by wives for marital rape

  The Gujarat High Court is set to examine the question whether a wife can initiate prosecution against her husband for unnatural sex punishable under Section 377 of the Indian Penal Code. Terming marital rape as a ‘disgraceful offence’, the Gujarat High Court is set to examine the question whether a wife can initiate prosecution against her husband for unnatural sex punishable under Section 377 of the Indian Penal Code. The Court asked three questions mainly pertaining to whether offences generally charged under Section 377 and 376 of the IPC could constitute an offence of cruelty under section 498-A of the IPC.

  Nimeshbhai Bharatbhai Desai v. State of Gujarat

  Source: bit.ly/2AnjV3r; http://bit.ly/2D8wLU6

• Inference of ‘false’ case cannot be drawn from mere acquittal of husband in domestic violence case, holds Chhattisgarh HC

  In an appeal from a Family Court decision, in which divorce was granted to the husband on the ground that his wife had made false criminal allegations of domestic violence against him, and this amounted to cruelty, the Chhattisgarh High Court held that the husband was not entitled to a divorce. The court held that mere acquittal of the husband cannot be used to draw the inference that the allegations of the wife were false. ‘Misuse of 498A’ has increasingly become a common allegation in matrimonial cases, and has in the past been held as conduct amounting to cruelty against the husband.

  Durga Bai v. Narayan Sinha, 2017 SCC OnLine Chh 1246

  Source: http://bit.ly/2DauuYI

• J &K High Court decries harassment of adult women who exercised their right to choice in marriage

  The High Court recently addressed a petition wherein the petitioner had brought to the notice of the court the continual harassment that she and her husband were subjected to following their inter-caste marriage. She stated that despite having married after attaining the age of majority, out of her own free will without any undue coercion, the respondents had framed false criminal cases against her husband with the help of the police. Referring to the role played by inter-caste marriages in weakening the caste system, the Court granted police protection to the couple and directed that action be taken against those involved in harassing them.

  Zubida Akhter v. State of Jammu and Kashmir, 2017SCCOnLineJ&K712

  Source: http://bit.ly/2B4xrbp

• Kerala HC upholds suspension of school students accused of public display of affection.

  The Kerala High Court has upheld the suspension of a boy and girl student for their alleged public display of affection in the school and through social media. Although the state child rights panel had ordered the school to take the students back, this decision was struck down by the High Court on the ground that the school principal was an autonomous decision making authority, and there was no illegality in his decision which was motivated by a desire to maintain and sustain the standard and reputation of the school. While the court advised the school authorities to balanced approach, considering the educational aspirations of the students suspended, it was suggested that fines as a way to deter other students from engaging in similar behavior. The decisions of the school authorities and the Court have been widely criticized for encouraging moral policing of students.

  Sebastian T. Joseph and Anr. v. Kerala State Commission for Protection of Child and Ors. WP(C).No. 32325 of 2017 (M)

  Source: http://bit.ly/2mAbrzX

• Rajasthan HC issues directions on religious conversions, inter-faith marriages

  The Rajasthan High Court held that in a case involving marriage performed after conversion, where the conversion is in contravention of the guidelines that govern it, the marriage may be declared voidable at the aggrieved party’s behest. The guidelines, laid down by the court to tackle ‘forced conversions,’ state that only an adult can undergo religious conversion, mandate prior intimation of conversion to judicial authorities, public notification of such proposed conversion, and solemnisation of marriage only after one week of said conversion.

  Chirag Singhvi v. State of Rajasthan D.B. Habeas Corpus No. 149 / 2017

  Source: http://bit.ly/2zgTvBT

• Delhi HC questions civic bodies about sensitization to menstrual hygiene

  In a writ petition regarding the lack of access to information, knowledge, and education regarding menstruation and menstrual hygiene in Delhi, the Delhi High Court has made various directions to the district municipal corporations in Delhi for the implementation of the Rashtriya Kishor Swasthya Karyakram (RKSK), so far as it relates to the sensitization of adolescent girls about menstrual hygiene, and distribution of free sanitary napkins to them. The Court has demanded status reports on provision of separate toilets for girls in schools from the New Delhi Municipal Corporation, and also directed the Ministry of Health and Family Welfare, as well as the Delhi government to allocate funds to the municipal corporations to disburse free sanitary napkins to girls enrolled in municipality run schools.

  Setu Niket v. Union of India and Ors. W.P.(C) 5909/2017

  Source: http://bit.ly/2mHX795

• Kerala HC upholds woman’s ‘right to dignity’ as a mother

  The Kerala High Court upheld the plea of a woman against her termination from service on account of her long absence from service as she needed to look after her child suffering from mild autism. The court held that no service regulations can stand in the way of a woman claiming protection of her fundamental right of dignity as a mother, further emphasizing that the government should come up with a legislation to protect employees from discrimination at workplace due to their family responsibilities.

  Source: http://bit.ly/2D9s78b; http://bit.ly/2kDkPCo

• Delhi district court judgment highlights instances of sexual violence within marriage

  In its judgment denying the relief of divorce to the husband, the Delhi High Court has acknowledged that he subjected his wife to sexual abuse, apart from subjecting her to other abusive and humiliating acts. In this case, the husband had sought a divorce on the grounds desertion and cruelty. Denial of conjugal rights is an oft cited ground for divorce that derives support from a series of judgments from higher courts that state that “a sexless marriage is an anathema.” The court has clarified that such acts, even though not recognised as marital rape, constitute mental cruelty under marriage and divorce law.

  https://bit.ly/2JcdKn8

Supreme Court

• Abortion in the 24th week of pregnancy permitted

  In a case where the petitioner apprehended danger to her life after recognizing that her fetus was diagnosed with ‘anencephaly’, which leaves foetal skull bones unformed, the Supreme Court relied on the report of a medical board to warrant the conclusion that continuing the pregnancy posed a risk to the life of the pregnant woman. Although the pregnancy was into its 24^th week, the bench decreed that the woman was allowed to terminate her pregnancy in light of these circumstances. The decision is significant as it places value on the autonomy of women to make decisions about their reproductive health, instead of the moral argument of preserving life regardless of consequences.

  Case citation: Meera Santosh Pal v. Union of India, 2017 SCC OnLine SC 39

• Regulation of advertisement relating to sex-selection directed

  In ongoing hearings before the Supreme Court pursuant to the discussion on sex-selection, the Union government had submitted that despite auto-blocking a list of words, one could still avail of information pertaining to gender-tests on the internet. The respondent companies suggested that such searches ought to be protected under the right to freely access information. However, the Supreme Court perceived the issue as a choice between enjoying the right to freely access information and being a catalyst in depleting the sex-ratio in the country. Pending further deliberations, the Court passed interim orders requiring the constitution of a nodal agency to take cognizance of any reports of anything in the nature of advertisement of or having any impact on identification of gender.

  Citation: Sabu Mathey George vs Union Of India (2017 ) 2 SCC 514

• Governments directed to enforce provisions of SC/ST Act strictly

  Responding to a petition by voluntary organizations lamenting the non-implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Supreme Court took cognizance of the fact that no special officers, nodal officers or protection cells had as yet been set up for the protection of members of the SC and ST communities. The Court found that the State governments are responsible for ensuring that the provisions of the Act are carried out. The order also required that the special benefits of the Legal Services Authority Act, 1987 be extended to persons from the SC and ST communities.

  Citation: National Campaign on Dalit Human Rights v. Union of India, (2017) 2 SCC 432

• Constitution of all-India birth database to check female foeticide ordered

  A Supreme Court bench has passed 16 directions to ensure effective implementation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act and rules under it. All states and the Union Territories in the country have been asked to maintain a centralized database of civil registration records so that information can be made available on the number of boys and girls being born in the country. It has also directed them to implement incentive schemes for the girl child. Source: http://bit.ly/2pBU9Gt

• Notice issued to social media sites on inaction over availability of rape videos

  The Supreme Court has asked search engine and social media websites like Google and Facebook to explain why their platforms have been hosting illegal activities like rape videos. A notice has been issued to service providers to not allow subscribers to circulate objectionable material on their websites. The reported cases of cyber crimes have surged by nearly 300 per cent between 2011 and 2014 in the country and the court has favored setting up of an exclusive cyber cell to probe such cases. Source: http://bit.ly/2qhj0vy

• Government asked to review its position on conjugal relations involving a minor

  The Supreme Court has asked the central government to examine the need to amend a provision in the Indian Penal Code (IPC) that provides immunity to a man from being prosecuted for having sexual intercourse with his minor wife. This exception to Section 375 in the IPC grants immunity to a man for having sexual intercourse with his wife who is at least 15 years old. However, the Protection of Children of Sexual Offences (POCSO) prohibits such sexual relations. The petition filed by a child rights NGO has now been sent to the Women and Child Development Ministry.  Source: http://bit.ly/2p6tC2o

• High Courts directed to Implement the POCSO Act

  Noting the non-implementation of Section 32 of the Protection of Children from Sexual Offences Act (POCSO), the Supreme Court has directed High Courts of 12 states and two Union territories to take suo motu action and appoint special public prosecutors to deal with cases of child sexual abuse. Section 32 of the POCSO Act requires State Governments to appoint Special Public Prosecutors for every special court under the Act, to ensure speedy and sensitive handling of cases under this Act.

   

  Gaurav Kumar Bansal v. Union of India and Ors, Writ Petition (Civil) No. 203 of 2017

• Divorced wife can claim maintenance despite desertion

  The Supreme Court, upholding an order of the Himachal Pradesh High Court, granted maintenance to a divorced wife who had deserted her husband. Her husband had obtained divorce on the ground of desertion, and opposed her maintenance petition on the strength of an exception under Sec. 125(4) of the Criminal Procedure Code. This subsection states that a woman is not entitled to maintenance if she refuses to cohabit with her husband without any reasonable cause. Reiterating its earlier position, the Court stated that a divorced wife also falls within the purview of Sec. 125 CrPC, and is thus entitled to maintenance.

   

  Manoj Kumar v. Champa Devi, Special Leave to Appeal (Crl.) No(s).10137/2015

• Supreme Court takes note of Law Commissions recommendations on death penalty, commutes sentence

  In a case of double murder of the accused person’s wife and child, the Supreme Court overturned the judgment of acquittal of the High Court. However, given the possibility of human error in investigation and appreciation of evidence, the Court refused to impose the death penalty upon the accused. The Court also noted that the Law Commission had recommended abolition of the death penalty in its 262^nd report..

   

  State of Maharashtra v Nisar Ramzan Sayyed, Criminal Appeal Nos. 865-866 of 2013

• Set up care centre for children who face sexual abuse: SC

  A Supreme Court bench has said that the definition of the expression “child in need of care and protection” under Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act, 2000 is not exhaustive. Although a child victim of sexual abuse under Protection of Children from Sexual Offences Act, 2012is a child in need of care and protection, the court cautioned against consigning every such child to the care of child care institution. Instead, it recommended that alternatives such as adoption and foster care also be considered by the concerned authorities.

  Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India, 2017 SCC OnLine SC 534 [Supreme Court of India].

  Source: http://bit.ly/2pNdce7

• Inconsistencies in award of death penalty re-opens debate on capital sentence: convictions in Jyoti Singh and Bilkees Bano cases

  In an appeal against the death penalty by the four convicts in Jyoti Singh’s gang rape, the Supreme Court has upheld the death penalty. The homicidal gang rape of a 23-year old girl in Delhi led to momentus public outrage, propelling the enactment of longstanding reforms in criminal laws relating to sexual assault in March 2013. Unfortunately, the demand for harsh punishments and death penalty has persisted in public and judicial discourse despite evidence showing that certainty of prosecution rather than harsh punishments is the best form of deterrence. The Trial Court in awarding capital punishment to the accused justified it on grounds that the brutal gang rape was an affront to the “collective conscience” of the country. The Delhi High Court and now the Supreme Court have upheld the death sentences.

  The case of Bilkees bano gang rape (where several murders were also committed) brings out the inconsistencies in award of dealth penalty. The gang rape occurred as part of the rioting in 2002 in Gujarat, when Bilkis was five months pregnant. A truck in which she and her family members were travelling was attacked by an armed mob. That killed fourteen family members including her daughter and mother, gang raped her, and left her for dead.

  The case was successfully prosecuted only on National Human Rights Commission’s petitioning the Supreme Court that directed the CBI to probe the matter, shifting the case to Maharashtra in 2004 to ensure an unbiased trial. This case is significant, being not only being only ever conviction for gang rape in communal riots, but also one where state officers were convicted for tampering with evidence. Bombay HC has upheld the conviction of eleven accused in the Bilkis Bano gang rape case, and has overturned the acquittal of seven others – five policemen and two doctors, who have been convicted of tampering with evidence and not performing their duties. .

  While it is laudable that the Bombay HC rejected death penalty upon the accused persons, this case brings out inconsistencies in the legal rationale for ‘rarest of rare’ case on which dealth penalty is justified.

  Mukesh and Ors v State of NCT of Delhi 2017(5)SCALE506 [Supreme Court of India]

  Jaswantbhai Chaturbhai Nai and Ors. v. State of Gujarat and Ors. MANU/MH/0889/2017 [High Court of Bombay]

  Source: http://bit.ly/2pMQJxH; http://bit.ly/2ty8p3G; http://bit.ly/2tYVyIZ

• Persons with the mental age of a child do not fall within the purview of POCSO, holds SC

  In the case of Eera v State of NCT of Delhi, the Supreme Court has held that an adult person with the mental age of a child cannot be treated as a victim under the Protection of Children from Sexual Offences Act. In this case, the victim/ survivor aged 38 years had the mental age of a 6-8 year old child, and it was argued that the person accused of physically assaulting her must also be booked under POCSO Act, not only to recognize the severity of the offence committed by him, but also to ensure that the provisions of child-friendly procedural safeguards could be utilized by her, and to enable her to seek compensation under the POCSO Act. This appeal was dismissed by the Supreme Court on the ground that the language of the Act was clear, and its scope could not be unduly widened by the Court, as that would amount to judicial legislation.

  Eera v. State (Govt. of NCT of Delhi), 2017 SCC Online SC 787, 21-07-2017

  http://blog.scconline.com/post/2017/07/21/mental-age-of-a-person-does-not-make-himher-a-child-under-the-pocso-act/

• Citing rampant misuse of Section 498A, Supreme Court renders it non-cognizable, directs setting up of ‘Family Welfare Committees’

  The Supreme Court has directed that for a period of six months, no arrests will be made in cases registered under Section 498A of the Indian Penal Code unless evidence of tangible physical harm and injury is produced by the complainant wife. 498A is a cognizable and non-bailable offence. Surmising that most such cases are filed in the heat of the moment by women who seek to harass their husbands, the SC has directed the establishment of ‘Family Welfare Committees,’ that will oversee and clear every such case for prosecution by examining the facts of each case. It is pertinent to note that the members of the committee will not be drawn from a pool of legally trained professionals, but will comprise of retired persons, wives of officers, etc, thus severely compromising the ability of such a committee to assess the legal aspects of any complaint.

  The judgment perpetuates the myth that most women jump into matrimonial litigation impulsively, and file false criminal cases against their husbands and in laws to harass them and extort hefty alimony amounts. This decision has also been widely criticised for diluting legislative mandate and the principles of the criminal procedure code.

  Rajesh Sharma v. State of U.P., 2017 SCC OnLine SC 821

  http://blog.scconline.com/post/2017/07/27/rising-misuse-of-section-498-a-ipc-supreme-court-formulates-remedial-measures/

• Instant triple talaq invalid, declares SC

  In the landmark judgment of Shayara Bano and Ors v Union of India and Ors, the Supreme Court by a 3:2 majority has held that divorce through talaq e-bidat, or instant triple talaq, is invalid in law. The Court upheld the settled view that personal law cannot be tested against the Constitution, and the validity of a particular practice must therefore be drawn from the source of a particular religion, in this case, the Quran. This understanding of personal law thus continues to hold that un-codified personal law is above the Constitution, and cannot be declared unconstitutional/ invalid for violating fundamental rights.

  Yet, this judgment is celebrated as its an outcome of mulitiple petitions by Muslim women’s rights groups, and has had declared yet again, instant triple talaq as unconstitutional.

   

  Judgment: http://supremecourtofindia.nic.in/pdf/LU/Supreme%20Court%20of%20India%20Judgment%20WP(C)%20No.118%20of%202016%20Triple%20Talaq.pdf

  Shayara Bano and Ors v Union of India and Ors[Writ Petition (C) No. 118 of 2016]

• Right to privacy is a fundamental right, holds SC

  A nine judge constitutional bench of the Supreme Court has unanimously held that the right to privacy is a fundamental right and finds recognition in Articles 14, 19, and 21 of the Constitution. The issue of whether an inalienable right to privacy is recognized in the Constitution was referred to this bench by a smaller bench before which the question of validity of the ‘Aadhar card scheme’ is pending.

  While the main issue has been decided unanimously by the bench, the issue of contours of the right to privacy has been dealt with differently in each of the six opinions rendered by the Court. The court has explicitly recognized the feminist critique of the separation of public and private spheres in law, and has thus construed the right to privacy as not only privacy of one’s physical body, but also informational privacy, and the right to privacy of choice and autonomy over fundamental personal choices. Significantly, in a detailed opinion, the Court has expressed its disagreement with the reasoning in the case ofSuresh Kumar Koushal v Naz Foundation which recriminalized homosexuality, underscoring the importance of recognising the privacy rights of all individuals regardless of their sexual orientation.

  While the exact components of the right to privacy can only be determined on a case to case basis, the Court has set forth a strong framework that may have wide ranging implications, not only on data privacy laws, but also in areas such as mandatory reporting of offences, criminalization of non peno-vaginal sexual intercourse, reproductive and sexual health rights, matrimonial laws, the right to choice of food, and so on.

  For full judgment document, click here.

  http://www.livelaw.in/breaking-right-privacy-fundamental-right-sc/
  

• Ten year old mother granted compensation for delay in legal proceedings seeking permission for abortion

  The Supreme Court has granted compensation of Rs. 10 lakhs to a ten year old girl, whose plea for abortion had earlier been rejected by it on the advice of a medical board. The girl had initiated legal proceedings in Chandigarh for permission to abort the foetus at 25 weeks, but the same was rejected by the District Court. By the time she approached the Supreme Court, she was already 32 weeks pregnant, and abortion at that stage was considered less risky than the delivery of the foetus, considering the health of the girl as well as her foetus, resulting in denial of permission by the Supreme Court as well.

  Considering the delay caused in the legal proceedings, and the medical attention that the girl may require immediately as well as in the future, the Supreme Court directed that an amount of Rs. 10 lakhs be granted to her as compensation.  It is important to highlight the double violation inflicted on the pregnant child- an increasingly reported trend nowadays- who is dependent on a law that makes abortion conditional on court orders and medical boards. Under cases where pregnancy occurs as a result of child sexual abuse, abortions need to be legalised without having to seek interventions and advice from courts or medical boards.

  Alakh Alok Srivatsava v Union of India [Writ Petition (Civil) No(s).565/2017]

  NipunSaxena and Ors v Union of India and Ors[Writ Petition (Civil) No(s).565/2012]

• Minor wife can prosecute husband for rape, holds Supreme Court

  In a PIL seeking harmonization of the sexual assault laws under POCSO and IPC, the Supreme Court has held that a minor wife can prosecute her husband for rape. This judgment allows non-consensual sex with a wife under 18 years of age to be prosecuted as rape, thus aligning the provisions on statutory rape with marital rape.  Consequently, the marital rape exception to Sec. 375 of the IPC is now applicable only to adult married women.

  Independent Thought v. Union of India and Anr. W.P. (C) No. 382/2013

  Source: http://bit.ly/2gViwIK; http://bit.ly/2gViwIK

• Six month cooling off period for mutual consent divorce directory, not mandatory, holds SC

  The Supreme Court has held that the cooling off period of six months that a married couple seeking a divorce by mutual consent is required to wait for under the Hindu Marriage Act, is merely directory, and not mandatory. Family Court judges can now waive this period provided that the parties have been living separately for a year before applying for divorce, and all efforts for reconciliation have failed. The cooling off period of six months was incorporated as a pre-condition to mutual consent divorce to enable reconciliation of the parties, and has been criticized for unduly delaying relief to parties, with the misplaced objective of preserving the institution of marriage.

  Amardeep Singh v. Harveen Kaur C.A. No. 11158/2017

  Source: http://bit.ly/2zbeC92

• SC refers Sabrimala case to constitutional bench

  The Supreme Court has referred the case on entry of women aged 10 to 50 years to the Ayyappa temple in Sabrimala, Kerala, to a constitutional bench. The constitutional bench has been referred five questions for determination, including whether the practice of excluding the female gender from entry to the temple amounts to violative of equal protection under the Constitution, and whether such a practice can be defended as an essential religious practice under the right to freely profess, propagate and practice ones religion. Women aged 10 to 50 years have traditionally been prohibited from entering the Hindu temple, primarily because of the impurity associated with menstruating women. By making temple entry a question of constitutionally guaranteed rights, including the right against untouchability guaranteed under Article 17, the Court has recognised that the treatment of menstruating women may be akin to caste-based discrimination.

  Indian Young Lawyers Association and Ors. v. State of Kerala and Ors. W.P. (C) NO. 373/2006

  Source: http://bit.ly/2z7ht2Z; http://bit.ly/2yZLTFv

• Supreme Court directs appearance of Hadiya in Court to assess consent

  As reported in the IIIrd edition of this year’s newsletter, the decision of the Kerala High Court to annul the marriage of two adults on the grounds that the husband, a Muslim, had enticed a 24 year old adult woman, a Hindu, into marriage, had been challenged in a special leave petition before the Supreme Court. Initially, the Supreme Court had admitted the petition in order to investigate the circumstances in which the marriage occurred, and had also ordered a National Investigation Agency probe into the matter, lending credibility to the widely criticised theory of ‘love jihad.’ However, upon insistence of the petitioner’s counsel, the court agreed to hear Hadiya in person, and ordered her father, who currently has her custody, to produce her in Court.

  Shafin Jahan v. Asokan K.M. and Ors. SLP (Crl.) No. 5777/2017 (Supreme Court of India)

• Supreme Court to revisit verdict that put an end to automatic arrest in dowry cases

  A three judge bench of the Supreme Court has agreed to revisit the Court’s division bench decision in the case of Rajesh Sharma v. State of U.P which laid down procedural guidelines to restrict arrests for cases of cruelty against a married woman under Sec. 498A IPC. The directions cautioned against arrests for a period of six months, unless there was tangible evidence of physical harm, and called for the setting up of ‘Family Committees’ for vetting all complaints and initiating reconciliation. The bench has indicated that these guidelines may be in contravention of procedural criminal law as contained in the CrPC.

  Nyayadhar v. Union of India & Ors.

  Source: http://bit.ly/2EIz8NW; bit.ly/2Alirta

• Husband’s consent irrelevant for obtaining abortion, holds Supreme Court

  The Supreme Court recently concurred with a decision of the High Court of Punjab and Haryana, where the court had upheld a woman’s sole and inalienable right to give birth or terminate pregnancy, regardless of her husband’s consent. This was in response to a petition filed by the man seeking damages from his wife for undergoing abortion without his knowledge or consent. Dismissing the appeal, the High Court had held that the decision of the mother to consent to matrimonial sex did not extend to consent to conceive a child, and therefore a husband could not force his wife to continue a pregnancy against her will.

  Anil Kumar Malhotra v. Mangla Dogra and Ors.

  Source: http://bit.ly/2AW2cEb; http://bit.ly/2xvf2mR; http://bit.ly/2AW2cEb

• Parsi woman challenges the absence of a mediation process in Parsi Marriage and Divorce Act

  A Parsi woman has moved the Supreme Court questioning the validity of several provisions of Parsi Marriage and Divorce Act. The petitioner had moved a Parsi matrimonial suit early last year seeking dissolution of her 11-year-old marriage. She claims that the procedure under the 1938 personal law was exasperatingly cumbersome, involving a system much like a jury, as specified under section 46 of the Act, and granted no access to the mediation and settlement available to Hindu women under the family court system.

  Naomi Sam Irani v. The Union of India and Sam Shapoor Irani

  Source: https://goo.gl/SNKCkA; http://bit.ly/2D6N4ke

• Supreme Court to review the constitutionality of adultery law

  The Supreme Court has issued a notice to the government in a petition challenging the constitutionality of Section 497 of the IPC. The three-judge bench noted that only the man with whom adultery is committed is criminally liable under the provision, which exempts the wife from criminal liability. The bench also noted the discrimination between husband and wife, given that only the husband can initiate action for his wife’s adultery, but the wife cannot initiate criminal action against her husband. Finally, alluding to the ‘consent clause’ of the section, which exempts the adulterer from criminal liability if the husband’s consent is proved, the bench opined that this amounts to ‘subordination of women,’ and thus needs to be tested against constitutionally guaranteed rights. The Supreme Court has previously upheld the constitutionality of this section in three different cases.

  Joseph Shine v. Union of India, 2017 SCC OnLine SC 1447

  Source: http://bit.ly/2rbydDz; http://bit.ly/2Dfw9jC

• Supreme Court upholds validity of Hadiya’s marriage

  The Supreme Court, in an interim order, has reinstated the marriage of Hadiya, which had been annulled by the High Court of Kerala amidst controversy over her religious conversion to Islam and subsequent marriage. Given that the marriage was annulled in habeas corpus proceedings filed by her father, the Supreme Court cited that such proceedings were not appropriate for passing an order of annulment, while at the same time highlighting the fact of her free consent in exercising her right to choice to marry. However, the Court ordered investigation into forced conversions to Islam by the National Investigation Agency will continue. Earlier, the Court had appointed a guardian for Hadiya, despite her being an adult, and had severely restricted her access to her husband Shafin Jahan, the petitioner in the present matter. The decision of the High Court of Kerala, as well the delay caused by the Supreme Court in remedying it were widely criticized by the civil society.

  Hadiya’s case has brought forth charged contestations over women’s religious identities and their right to exercise choice in marriage, with competing claims about forced conversions to Islam, and the existence of violent ‘curing’ centres for reconversions to Hinduism in Kerala.

  Shafin Jahan v. Asokan K.M. and Ors. SLP (Crl) No. 5777 of 2017

• Petitions challenging constitutionality of IPC provisions on homosexuality and adultery referred to constitutional bench

  A three judge bench of the Supreme Court has referred a fresh petition challenging the constitutionality of Sec. 377 of the Indian Penal Code, which criminalises same-sex sexual intercourse, to a five judge constitutional bench. The Court noted that its decision in Suresh Kumar Kaushal v. Naz Foundation, which had effectively recriminalized homosexuality in 2014, required reconsideration in light of the holding of right to privacy as a fundamental right, and the absence of any reference to consent in determining criminality of sexual acts under Sec. 377.

  In another case, the Court has noted the constitutional issues involved in the criminalisation of a wife’s adultery under Sec. 497 of the Indian Penal Code, and referred a petition challenging the same to the constitutional bench. In making the order, the Court noted the anomalies created by the selective criminalisation of a wife’s adultery alone – which exposes her paramour to criminal liability upon her husband’s complaint – while exempting the husband from any responsibility for his adulterous liaisons.

  Navtej Singh Johar and Ors. v. Union of India W.P. (Crl.) 76/2016

  Joseph Shine v. Union of India W.P. (Crl.) 194/2017

  https://bit.ly/2uKGwIo, https://bit.ly/2GMEaNR

• Supreme Court dismisses plea to make sexual assault gender neutral

  The Supreme Court refused to admit a Public Interest Litigation filed by a practicing advocate which sought the declaration of all penetrative and non-penetrative sexual assault provisions in the IPC as gender-neutral – both with respect to the victim and the perpetrator. The challenge was based in the premise that these provisions, under which only a man can be the perpetrator of sexual assault, and only a woman can be the victim, ignore social realities and are violative of the fundamental rights to equality and against discrimination on the basis of sex. The Court dismissed the petition on the grounds that classification along the lines of sex had been a policy decision of the legislature, and thus, could only be remedied by it. While inclusion of trans persons and men as victims in the definition of rape is necessary, women’s rights groups have resisted the push for a rape law with a gender-neutral  perpetrator, as this is plainly a backlash against women’s increased reporting and prosecution of rape.

  https://bit.ly/2Jg58fk

• Supreme Court issues notice to states to implement the SHW Act

  The Supreme Court has issued notice to the central government and all state governments to implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013. This was in response to a PIL filed by an NGO highlighting that several state governments had neither constituted Local Committees in each district, nor had they appointed district officers, both legally mandated under the law. According to the research study on which the PIL is based, only 12 States and 4 Union Territories had appointed district officers, while 7 others had taken steps to do the same, while only 5 States and 2 Union Territories provided details of the Local Committees constituted by them.

  https://bit.ly/2C7anJs

National News

• Lok Sabha clears amendments to Maternity Benefits Act, 1961

  The Bill increases maternity leave to six months, and requires private sector to have a crèche at the workplace if they employ more than 50 women employees. Promoting the ‘two child norm’, the Bill reduces leave in the case of a third child to 12 weeks. These benefits are available only to women in the organized formal sector, leaving out the informal and unorganized sectors where the largest number of India’s women workforce exists. Source: http://bit.ly/2pkVsXh

• MWCD requires Aadhar cards for all street children

  The Ministry of Women and Child Development released a Standard Operating Procedure which takes swift steps towards linking street children with Aadhar cards. Postmen would be incentivised for identifying and registering street children with Aadhar card, while a certified insurance agent will link them with health insurance.

  Portraying this as a positive move for the financial inclusion of children with no proof of identity, the Ministry claimed that Aadhar would help get them access to loans, insurance schemes and other benefits. However, critics have indicated that this would only heighten the process of profiling and breach of privacy. Source: http://bit.ly/2pC5S7L

• Rape survivors to be compensated for travel for criminal trial

  Responding to a request by a US-based citizen who was raped in December, the Delhi State Legal Services Authority (DSLSA) has decided to provide air fare to victims to facilitate their timely appearance in court. Other reasonable expenses like lodging would also be reimbursed, against the Victim Compensation Fund or the Legal Aid Fund. Source: http://bit.ly/2qaEAFp

• WCD working on a mechanism to ‘lock’ child pornography websites

  Women and child development ministry is working on a mechanism to lock websites containing child pornography and is also developing standard operating procedures (SOPs) to curb abusive material online. As part of its efforts to check circulation of child pornographic content online, the ministry also plans to look into the role of social media websites like Facebook, Twitter and YouTube and that of mobile service providers. Source: http://bit.ly/2p6Pvi5

• Health Ministry releases gender-sensitive resource material for adolescents

  The Ministry of Health has made attempts to reach out to adolescents across the country, especially those in rural areas, on health issues through the engagement of 1.65 lakh peer educators called “Saathiya” under the Rashtriya Kishor Swasthya Karyakram. In this resource material, prepared by the Ministry in collaboration with United Nations Population Fund for these adolescent peer educators, the topics of same-sex attraction, contraception and gender-based violence are addressed with sensitivity and wisdom. Source: http://bit.ly/2kTkWqX

• Expert panel recommends portability of welfare benefits for migrant workers

  A working-group panel on migration has recommended, through a report to the Ministry of Housing and Urban Poverty Alleviation, that food security and other benefits ought to be made portable for migrant workers, since they often lose access due to inter-state and intra-state migration. The expert panel’s suggestions pertain to benefits conferred under the affirmative action lists for Dalits and Adivasis, and suggest a special focus on healthcare, education and housing policies as well as the removal of domicile requirements for jobs. Source: http://bit.ly/2qhwOpZ

• Acid attack survivors to be included under the Persons with Disabilities Bill

  Acid attack survivors have been added to the Persons with Disabilities Bill (PWD) along with persons afflicted with Parkinson’s disease, increasing the list of infirmities listed in the bill from 19 to 21. The amended bill entitles every child between 6 and 18 years with “benchmark disability” the “right to free education”. It has also increased reservation in higher educational institutions and government jobs from 3% to 4%. The bill has proposed a fund to provide financial support to the disabled. Source: http://bit.ly/2fRCEIF

• Union Budget increases allocations for women’s development and healthcare

  The Union Budget has allocated a tremendous increment for Delhi Police’s share of the Nirbhaya Fund, from 3.4 crore rupees in 2016-17 to 28.9 crore rupees in the 2017-18 period. The allocation was welcomed by the Delhi Police, who had written to the Home Ministry about requirements like CCTVs, police infrastructure and women empowerment activities.

  The Delhi Commission for Women has received an increment from 7 crore rupees to 20 crore rupees. At the Central level, the Ministry for Women and Child development has received a 20% increase in budget allocation and The Indira Gandhi Matritva Sahyog Yojana scheme also saw an increase from 634 crore rupees to 2700 crore rupees. The Beti Bachao Beti Padhao program has also been given an overall budget of 200 crore rupees this year.

  The National Health Mission which covers most primary healthcare centres also got a hike of 3000 crore rupees.

  Sources: http://bit.ly/2oz7KhM , http://bit.ly/2qhA1pr , http://bit.ly/2kuWsYv

• Central and Delhi government increase compensation for acid-attack victims

  The Delhi state government has undertaken before the Delhi High Court to increase the compensation provided to acid attacks victims from Rs. 3 lakh to Rs. 7 lakh. This submission came as part of court proceedings on a plea by acid-attack survivors to increase the cap on compensation. Furthermore, in a bid to provide immediate relief to victims, additional assistance of Rs. 1 lakh under the Prime Minister National Relief Fund (PMNRF) has been approved. Source: http://bit.ly/2ozrphp and http://bit.ly/2qhzljU

• Expert Panel suggests pension for widows from 18 years instead of the current 40

  An expert panel headed by former finance secretary Sumit Bose recommends that widows be elligible for a one-time grant for remarriage and waivers for education fees and skill development. The group suggests that widows should receive pension from age 18 instead of the current 40. The proposal has welfarist implications as it calls for the universal coverage of pension schemes and also the annual revision of the amount based on a calculation of Consumer Price Index. The group also notes that extending widow pensions to the 18-39 year age group would also assist those women with young children. Source: http://bit.ly/2poFNIJ

• NHRC finds at least 16 women prima facie victims of rape by security forces in Chhattisgarh

  The National Human Rights Commission made an observation in January that 16 women were prima facie victims of rape, sexual and physical assault by State police personnel. The alleged atrocities were brought to light by a fact-finding team of a group called the Women Against Sexual Violence and State Repression (WSS). The NHRC passed interim directions asking Chhattisgarh government to show cause why it should not recommend monetary relief of 37 lakh rupees for the victims and also directed the relevant authorities to record the statements of the remaining victims who had yet to depose. Following the findings, journalists struggled to get news from the very dangerous Bijapur area, while the group WSS alleged that women were under pressure to remain silent and asked the government to ensure the security of the victims and villagers.

• Mental Healthcare Act, 2017 enacted

  The Parliament has enacted the Mental Healthcare Act, 2017 which will replace the Mental Health Act, 1987. Enacted with a view to fulfilling India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, this Act takes a rights-based approach, and recognises the agency of mentally ill persons. The Act prohibits practices such as forced sterilisation, electro-convulsive therapy without muscle relaxants, and chaining of mentally ill persons. In addition, it enables persons suffering from mental illnesses to make advance directives about the nature of treatment that they may receive once incapacitated to make such decisions. Significantly, this Act also raises a presumption of ‘severe stress’ to safeguard persons who may have attempted suicide, from prosecution under Sec. 309 of the IPC.

• National Health Policy cleared by Cabinet

  The union cabinet has cleared the National Health Policy which puts forward a concrete framework for universal healthcare. The Policy also suggests policy directives to make drugs and diagnostic facilities available across the country. The Policy seeks to involve the private sector to make healthcare services widely available. Reducing maternal and infant mortality finds special mention in the policy. Highlighting the resource crunch in this sector, it also recommends raising the public health expenditure from 1.2% of GDP to 2.5%. Critics have pointed out some of the gaps in the policy, that include:  restricted capability of mandated agencies to deliver on any identified objectives, financial limitations of existing institutions to perform assigned roles and lack of a clearly-drawn, outcome-based action plan.

   

  Source: https://thewire.in/117774/national-health-policy-hype/

• Maternity Benefits (Amendment) Act, 2017 enacted

  The Maternity Benefits Act, 1961 has been amended to increase the duration of maternity leave entitlement from 12 to 26 weeks. However, the Act does not allow women with more than two children to avail of more than 12 weeks of maternity leave for subsequent pregnancies, thus furthering the two child norm of the government. Commissioning and adoptive mothers of children of less than three months are also entitled to maternity leave of 12 weeks. The Act requires every establishment with fifty or more employees to provide crèche facilities within a prescribed distance. It also makes provisions for ‘work from home’ projects. While these amendments are welcome, they leave out of their purview a majority of women who work in the unorganised sector, and are thus not covered by this Act.

• HIV AIDS (Prevention and Control) Act, 2017 enacted

  The Act prohibits discrimination against persons with HIV and AIDS in (i) employment, (ii) educational establishments, (iii) health care services, (iv) residing or renting property, (v) standing for public or private office, and (vi) provision of insurance, provides for informed consent and confidentiality with regard to their treatment, places obligations on establishments to safeguard their rights, and creates mechanisms for redressing their complaints. The Act prohibits the practice of compulsory HIV testing as a pre-requisite for obtaining employment or accessing healthcare and also seeks to prevent and control the spread of HIV and AIDS.

• Maharashtra PAC recommends making sex-determination compulsory

  The Maharashtra Public Accounts Committee, in its report tabled before the Legislative Assembly, has recommended that sex-determination be made compulsory in cases of all pregnancies. This recommendation was made in view of India’s low child sex ratio, and is premised in the belief that monitoring of pregnancies will make sex-selective abortions difficult. The committee also recommended that parents be brought within the purview of the PCPNDT Act.

   

  The PCPNDT Act regulates the use of medical technology, not women’s right to medically terminate a pregnancy, as this report proposes to do. As such, the PAC’s recommendation is inconsistent with women’s legally protected reproductive rights under the Medical Termination of Pregnancy Act, as well as the social realities that inform decisions related to pregnancy and abortion.

• Guidelines by Ministry of Drinking Water and Sanitation on gender aspects of sanitation

  The Ministry of Drinking Water and Sanitation has issued guidelines with the objective of promoting inclusivity in sanitation. Recognising the role of women in realising the goals of the Swachh Bharat Mission’s Open Defecation Free villages programme, the guidelines recommend ensuring the active involvement of women, especially in leadership positions. Significantly, the guidelines recognise that trans persons ought to have the choice to use the toilet of their choice. They also state that toilets should be designed for easy use by aged persons, persons with disabilities.

• Cabinet approves MoU between India and United Nations Entity of Gender Equality and Empowerment of Women (UN Women)

  The union cabinet has approved the signing of an agreement between India and the UN Women. The proposal seeks to provide technical support to the Ministry of Panchayati Raj in strengthening capacities of governance institutions including Panchayati Raj Institutions (PRIs) to ensure that opportunities created for women through legislation, policies and programmes are better leveraged at the grass-root level.

• Cabinet approves ratification of Minimum Age Convention, 1973 and Worst Forms of Child Labour Convention, 1999 of ILO

  The Union Cabinet has given its approval for ratification of two fundamental conventions of the International Labour Organisation, namely, Minimum Age Convention (No. 138) concerning minimum age for admission to employment and the Worst Forms of Child Labour Convention (No. 182) concerning the prohibition and immediate action for elimination of the worst forms of child labour such as slavery, prostitution, etc. While India has been in agreement with the latter convention in principle, it is one of only seven countries that have not ratified it. .

  Ratification of these conventions is likely to bring significant changes to the legal framework on child labour in India, as these conventions would obligate the government to set 15 as the minimum age for admission into employment, instead of the current 14. Furthermore, light work in family based establishments would be permissible only for 13-15 year olds.

• India presents third UPR at Human Rights Council

  India presented its third Universal Periodic Review (UPR) at the UN Human Rights Council in Geneva on 4th May, 2017. The Government of India received recommendations on a number of gender and sexuality issues, including sexual violence, LGBT rights, girls’ education, child marriage, forced sterilisation, domestic violence and marital rape. In its reply, the government of India cited facts and figures as well as legal and policy level steps taken to improve the situation of these various issues. The government of India has opted to report in September, 2017 on the recommendations that it finally decides to accept.

• Sikkim High Court to consider the unconstitutionality of the Sikkim Succession Act, 2008

  Several Sikkimese women have filed a petition in High Court challenging the Sikkim Succession Act, 2008 for being discriminatory. Although the Sikkim Succession Act, 2008grants daughters and wives equal rights to hold and inherit property, it denies these rights to women married to non-Sikkimese men, or those who have acquired foreign citizenship. Immovable assets of Sikkimese women married to non-locals cannot be transferred to their legal heirs. Rooted in the system of patrilocal marriages, the same rule is not applicable to Sikkimese men who marry non-Sikkimese women.

  The High Court of Sikkim has issued notice to the state government in this case.

  Source: http://bit.ly/2tYNWWL

• MWCD’s reader on safe childhood asks parents to monitor children’s texting

  The Ministry of Women and Child Development (MWCD) has developed advisory guidelines for parents, teachers and the community , on “Raising Happy Children and Providing Safe Childhoods”,. It recommends parental monitoring of children’s conversations on phone as a means of tackling sexual abuse and inappropriate behaviour, advising greater privacy once children reach 16-17 years of age. The reader draws upon global best practice standards and ensures that detention or institutionalization is a measure of last resort, in accordance with the UN Convention on the Rights of the Child.

  Source: http://bit.ly/2u3odfD

• Ill-conceived affirmative action forces transgender persons to give up employment with Kochi metro

  In a widely advertised move, Kochi Metro’s employment of 23 transgender persons for various jobs including housekeeping, ticket vending, customer relations, etc, exposed identities of many who were not ready to ‘out’ themselves. In the absence of providing housing facilities, the opportunity backfired as most of the transgender employees were unable to find rented accommodation due to stigma and discrimination. The partially visualised affirmative action did not factor in the deep rooted social stigma that would impact housing for the transgender employees causing many to give up their hard won jobs. Their demand from the Kochi Metro is to ensure housing to enable them to avail these jobs.

  Source: http://bit.ly/2tFa9q8; http://bit.ly/2tFfX3e

• India ratifies key ILO conventions to end child labour

  India has ratified two key conventions on child labour at the International Labour Conference in Geneva, a step towards complete prohibition of child labour. This has been done months after amendment to the Child Labour Act and includes Convention 138, which sets minimum age for admission to employment and Convention 182, which penalises and prohibits the worst form of child labour. National Sample Survey Office’s survey of 2009-10 puts the number of child workers at 4.98 million. With ratification of these two ILO conventions, India has ratified six out of eight core ILO conventions, with the other four core International Labour Conference conventions relating to abolition of forced labour, equal remuneration and no discrimination between men and women in employment and occupation, thus reaffirming its commitment for promoting and realising fundamental principles and right at work.

  Source: http://bit.ly/2t3UP4x

• Legal obstacles to slaughter of cattle assume new forms in the wake of cow protection discourse

  In March 2017, the Uttar Pradesh (UP) government had issued orders for the closure of illegal slaughterhouses in the state, following the electoral victory of Bharatiya Janata Party (BJP) in the state. Given that trade in cattle meat in UP is largely carried out by unregulated small establishments, implementation of this order effected a near prohibition on slaughter of cattle. In a writ petition titled Mohd. Mustafa and Ors. v. Union of India and Ors (MB No. 8923/2017) in which the manner of implementation of the order was challenged, the Allahabad High Court directed the state government to issue new licenses and renew those that had expired. Directing the state government to undertake consultation and awareness, the Court observed that a near-ban situation could have been avoided by the government by creating awareness about the legal compliances necessary for obtaining/renewing licences instead of withdrawing itself from an activity that is essential for enjoyment of basic fundamental rights such as the right to choice of food and freedom of trade and occupation.

  In another instance of indirect ban on cattle slaughter, the Central government notified new rules on sale and transport of cattle under the Prevention of Cruelty to Animals Act, which if implemented, would completely prohibiting trade in buffalo and cattle, depriving farmers and cattle traders of their livelihood. These legal developments cause serious concern in the wake of increasing cow vigilantism who target cattle traders and transporters as ‘slaughterers’, including through lynch mobs. In view of a stay order of the Madras High Court on these rules, protests by the agriculturist lobby which has filed a PIL to challenge them in the Supreme Court, as well as opposition from some state governments including those of Kerala and West Bengal, the central government has agreed to review the proposed rules.

  Source: http://bit.ly/2u2OOJw; http://bit.ly/2uHDvnZ

• New Parliamentary report on Transgender Rights finds crucial gaps in draft law

  The Social Justice and Empowerment Committee has released its report on the draft Transgender Persons (Protection of Rights) Bill. Since the introduction of the draft bill in August last year, various human rights organizations and activists had raised concerns over some of its provisions.

  The new report addresses the concerns raised, noting the bill’s failure to properly define discrimination, its silence on penalties for those who violate transgender rights, and the absence of an option for transgender people to bring a complaint if they are mistreated or abused. The report concludes that the draft law fails to properly protect transgender people from rape and sexual assault, as transgender persons remain at risk of arrest and prosecution because section 377 of the Indian Penal Code criminalizes same-sex sexual relations. The report slams the bill’s definition of transgender people as “unscientific and primitive,” and one which “completely misunderstands trans identities” and severely restricts their right to self-identify.

  Source: https://www.hrw.org/news/2017/07/25/making-transgender-rights-reality-india

• Parliamentary Panel releases report on Surrogacy (Regulation) Bill, 2016

  The Parliamentary Panel released a report critiquing the Surrogacy (Regulation) Bill, 2016. While the report suggested that surrogacy in India must be regulated, referring to the socio-economic differences and power differential between the surrogates and the intending parents, it criticized the Bill on many counts. The bill limits the availability of surrogacy services to couples who had been married for more than five years within a certain age group, and allowed only ‘altruistic’ or uncompensated surrogacy by close family member, which the report notes can lead to oppression of vulnerable female relatives in the context of unequal gender relations within the family. According to the Parliamentary Panel Report, the option to avail of the services of a surrogate must not be limited to married couples or to close family members. Further, a national database of surrogacy cases is to be maintained and tracked in order to ensure compliance with regulations on surrogacy.

  Source: https://thewire.in/166918/surrogacy-bill-parliamentary-committee-report/

• SHe-Box: Sexual Harassment electronic box launched for registering Sexual Harassment at Workplace complaints

  The Ministry of Women & Child Development has launched an online complaint management system titled Sexual Harassment electronic–Box (SHe-Box) for registering complaints related to sexual harassment at workplace, purportedly, to ensure effective implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (the SHW Act), 2013 by encouraging reporting through ease of access to an online portal. Currently, the facility has been provided to Central government employees only. Concerns over confidentiality have been raised, given that the Act envisages a safe and confidential process of redressal through an Internal Complainants Committee. The portal can be accessed at http://www.wcd-sh.nic.in/

   

  Source:http://blog.scconline.com/post/2017/07/24/sexual-harassment-electronic-box-she-box-for-registering-complaints-related-to-sexual-harassment-at-workplace-launched/

   

• Ministry of Health and Family Welfare publishes draft rules under Mental Healthcare Act

  Ministry of Health and Family Welfare has issued draft Rules and Regulations under the Mental Healthcare Act, 2017. Apart from stating the procedure for registration of mental health establishments, method of constitution of the Mental Health Review Boards, the rules delegate the responsibility of setting up half-way homes, sheltered accommodations, supported accommodations, hospitals and rehabilitation establishments to State governments, in accordance with the standards laid down in the Rules. They also state the procedure for accessing one’s medical records.

  Sources: http://bit.ly/2iKXAbu; http://bit.ly/2zZGjiS

• Madhya Pradesh government offers Rs 2 lakh to those who marry a widow to encourage widow remarriage

  In a bid to endorse widow remarriage, the Madhya Pradesh government has proposed a first of its kind initiative to offer Rs. 2 lakh to those who marry a widow. The MP government is offering a monetary incentive for those who marry a widow between the age of 18-45 years, given that it must be the man’s first marriage and the couple registers their marriage in the District Collectorate.  Earlier in July, the Supreme Court had directed the Centre to frame a policy to encourage widow remarriage.

  Source: http://bit.ly/2yVVB8j

• Bombay High Court directs a 3-member Committee to be set-up to assess the modified Manodhairya scheme

  Bombay High Court directed a 3-member Committee to be set up to look into the changes made to the Manodhairya scheme by Maharashtra government in August this year. The said scheme provides compensation for victims of sexual assault and acid attack. Under the changes made to the scheme, the amount of compensation to the victims was raised from Rs. 3 lakh to Rs. 10 lakh. However, Aadhar card has been mandatory to avail compensation and only 25 per cent of the amount will be given to the victim and the remaining 75 per cent will be kept in fixed deposit for 10 years. In case the victim is a minor, the period of fixed deposit will be 20 years. Clearly, the modifications made to the scheme fail to take into account the insufficiency of the initial compensation given, for covering all the medical and legal expenditures. The Committee will be responsible for recording the opinions and suggestions of all the stakeholders, including NGOs that are working this area, and come up with a model scheme for compensation to these victims.

  Source:http://bit.ly/2zWx5mN

• Himachal Pradesh and Odisha join Punjab, Haryana, Jharkhand and Meghalaya in the implementing the Anand Marriage Act

  The Delhi Sikh Gurudwara Committee has announced that Odisha and Himachal Pradesh have become the latest states to implement the Anand Marriage Act, joining Punjab, Haryana, Jharkhand and Meghalaya. The Anand Marriage Act was enacted in 1909 by the British Imperial Legislative Council to legally recognise the marriage ceremony Anand Karaj, practiced among Sikhs. The Parliament had passed the Anand Marriage (Amendment) Bill in 2012 which allowed Sikhs to register their marriages under the Anand Marriage Act instead of the Hindu Marriage Act of 1955.

  Source: http://bit.ly/2zdPTBV

• ILO defends modern-slavery figures sought to be discredited by India

  The International Labour Organisation has defended its statistics on modern slavery in the Asia-Pacific, after reports that the Intelligence Bureau had advised the Prime Minister’s office to discredit them, for fear that they may affect India’s exports. The ILO’s report on global estimates of modern slavery states that the Asia-Pacific region has the highest share of victims, accounting for 73 per cent of victims of forced sexual exploitation, 68 per cent of those forced to work by state authorities, 64 per cent of those in forced labour exploitation, and 42 per cent of all those in forced marriages. While the report doesn’t provide country-specific data and findings, subsequent research has shown that Indian has the largest number of modern slaves in the world.

  Source:  http://bit.ly/2ie7gs4

• Bill to criminalise instant triple talaq passed by Lok Sabha

  The Muslim Women (Protection of Rights on Marriage) Bill, 2017, has been passed by the Lok Sabha. The primary objective of the bill is to criminalise the pronouncement of triple talaq, by prescribing a punishment of up to three years of imprisonment for the same. The bill also provides for custody and maintenance rights of the wife upon such a pronouncement, although questions arise about the conflict between these provisions with the current law. The proposed legislation has met with widespread opposition from women’s groups, for further diluting Muslim women’s rights. Opponents have also pointed out the futility of incarcerating men for unilateral divorce, especially when such divorce have no legal validity, instead of focusing on women’s economic rights. The practice of triple talaq has been declared invalid, including for being un-Islamic, by successive Supreme Court judgments.

  Source: http://bit.ly/2D67jyp

• Madhya Pradesh enacts law to prescribe death penalty for rape of girls aged 12 years and below

  The Madhya Pradesh legislature has passed an amendment to the Indian Penal Code to prescribe death sentence as the highest punishment for rape of girls aged 12 and below; becoming the first state where those convicted of such rapes will face the death penalty. The bill also seeks to increase the punishment for offenders convicted for a second time of forcefully disrobing a woman. Under the present law, only such sexual assault that results in death or permanent vegetative state of the victim is punishable with death. Otherwise, only repeat offenders can be sentenced to death. The Protection of Children from Sexual offences Act, 2012 does not prescribe death as the maximum sentence for any of the offences therein.

  The bill proposes changes to sections 354, 376 and 493 of IPC and Sections 29, 110, 198 and 437 of CrPc. Apart from introducing death penalty for rape, the bill also seeks to amend section 493 of the IPC to introduce the offence of establishing sexual relations upon a false promise of marriage. Called the Dand Vidhi (Madhya Pradesh Sanshodhan) Vidheyak, 2017, the bill is yet to receive Presidential assent.

  Source: http://bit.ly/2DjThg4

• Government’s Transgender Persons (Protection of Rights) Bill, 2016 meets with widespread protests

  The Transgender Persons (Protection of Rights) Bill, 2016 has been reintroduced in the Lok Sabha by the government without the changes that had been demanded by the trans community, resulting in widespread protests. The bill, a watered down version of a private member bill that was cleared by the Rajya Sabha in 2014, is said to be in conflict with the principles of self-determination laid down by the Supreme Court in the landmark judgement of NALSA v. Union of India, in addition to criminalising traditional means of livelihood.

  Source: http://bit.ly/2B5VjLI

• India opposes move to link gender with trade

  India, an influential member of the World Trade Organisation, was amongst the minority that chose not to endorse a declaration seeking women’s economic empowerment in trade, despite nearly three-fourths of the members backing the same. India stated that while it supports gender equality, it could not submit that gender is a trade-related issue. Further, Indian officials expressed their apprehensions that advanced countries would not only use their high standards in gender-related policies to curb exports from developing countries, but also indirectly restrict the developing world from incentivizing their women citizens as part of measures to address development challenges.

  Source: http://bit.ly/2rdv5aa

• Advisory group approves HPV vaccine

  The National Technical Advisory Group on Immunization NTAGI has granted approval for the introduction of the Human papillomavirus (HPV) vaccine in the Universal Immunisation Programme. The campaign for providing HPV vaccines had suffered a setback in 2012 following controversy around its side-effects in 2012 and a strategic legal intervention before the Supreme Court seeking revocation of the licenses of Merck Sharp & Dohme (MSD) and GlaxoSmithkline (GSK), the only two suppliers of the vaccine in India. HPV vaccine can substantially reduce the risk of cervical cancer, which is the second leading cause of cancer deaths among women in India.

  http://www.thehindu.com/sci-tech/health/hpv-vaccine-gets-immunisation-nod/article22514484.ece

• Niti Aayog report reveals country-wide decline in sex ratio

  The Niti Aayog has released a report titled ‘Healthy States, Progressive India,’ which among other things, raises the issue of a country-wide decline in the sex ratio at birth in India. The report notes that the decline is the sharpest in states of Gujarat and Haryana, while a few states of Bihar, Punjab, and Uttar Pradesh have shown an improvement. The report emphasizes upon the need for stricter implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

  https://bit.ly/2q0bp67, https://bit.ly/2H5pBmr

• Bill to combat human trafficking cleared by Cabinet

  The Cabinet has cleared the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018. While the latest version of the Bill is not available to the public, the previous drafts available reveal that the intended law will continue to use criminal law as the primary tool for a change, a method oft criticized by experts and sex workers’ associations, for its inefficiency and the harassment it causes to sex workers, the primary constituency that it seeks to protect. The proposed law is likely to introduce several new offences related to trafficking, and set up special district level courts for speedy disposal of cases. The law will also continue to use the prevention, rescue, and rehabilitation model, instead of recognising sex work as legitimate labour.

  https://bit.ly/2H6EapF